Senate panel: Chairman’s discretionary powers come under discussion

ISLAMABAD: The discretionary powers of the chairman Senate and the recent induction of the government’s allied party’s Senator Samina Mumtaz in the Senate Standing Committee on Parliamentary Affairs on Wednesday came under a heated debate.

PPP Senator Taj Haider, who heads the committee, has also written a letter personally to Chairman Senate Muhammad Sadiq Sanjrani, discussing the issue at large. An in-camera meeting was also held to resolve this issue, as the opposition senators saw her induction in the committee as a mala fide intention on the government’s part. In a major development, Advisor to the PM on Parliamentary Affairs Babar Awan on Wednesday assured the Senate Standing Committee on Parliamentary Affairs that the government would not select any particular machine, as it was a prerogative of the Election Commission of Pakistan to decide the types of equipments to use for conducting polls.

Awan held out this assurance to the committee, which met for the third consecutive day to discuss various aspects of the proposed electoral reforms, including the use of electronic voting machines and e-voting for overseas Pakistanis. Babar also explained that the government was not going to select any machine. However, contrary to the previous two days, the committee witnessed a lively debate on the induction of Senator Samina Mumtaz in the committee, who belonged to the one of the government’s allies, Balochistan Awami Party, and it would bring into the arguments between the government and opposition members, while the discretionary powers of chairman Senate Muhammad Sadiq Sanjrani was also discussed.

It is pertinent to mention that at the outset of the meeting, Senator Azam Nazeer Tarar of PML-N had raised this issue, criticising chairman Senate’s decision to induct Senator Samina Mumtaz at the last moment before voting and it would allegedly disturb the composition of committee, generally emphasised, could never be justified. In reply to this, PTI Senator Azam Khan Swati said, “This committee is extension of the Senate and chairman Senate can change the composition of committees with his discretionary powers and it has so far been the practice of the governments for the past 18 years.” He then read out the motion presented in the House at the time of constitution of Senate committees.

Senator Azam Khan Swati said it is clearly mentioned in the motion that chairman Senate is authorised by the House to make changes to the composition of the committees as and when he deemed fit. To this, PPP Senator Mustafa Nawaz Khokhar clarified that when the motion was presented in the House for constitution of committees, he had opposed that motion as member of the Senate, also contended that these discretionary powers accorded to the chairman Senate might against the Constitution. And the rules could not be framed by going against the spirit of the Constitution and insisted that any discretionary power without any check or without any forum to appeal for remedy against its unfair usage is unconstitutional.

Talking on the issue, chairman of the committee remarked, “Are we not setting a wrong precedent, if we accept this then the chairman Senate can change composition of every committee at any time.” To which Senator Swati replied that if someone wanted to change the rules, they had to go back to the House and bring another motion with majority vote. Babar Awan remarked that the rule 264 empowered the chairman Senate through residual powers to use them as he deemed fit. The Federal Minister for Law and Justice Senator Farogh Naseem contended that the committee did not have the jurisdiction to question the motion passed by the House.

Senator Taj Haider reiterated that he would not embarrass the newly-appointed lady Senator and did not have anything personal against anyone but it was a technical issue, and we all have been trying to resolve it. Replying to Awan’s assertion, PPP’s Senator Farooq H. Naek said the motion did not come under the ambit of rule 264, adding, “A senator cannot be a member of more than five committees at a time and the selection of a senator to any committee cannot take place two months after the initial constitution of the committee. Only swapping or substitution can be done with mutual consent.” Minister for Law and Justice replied that a senator could not be a member of more than five committees at any given day. As in the case of Senator Samina Mumtaz, she is the member of only five committees on the day, the voting was taken place.

Senator Naek charged that there is mala fide intent on part of the government, saying “We are answerable to the people of this country and the act to change the composition of the committee is morally and ethically wrong.” Babar Awan said there was no rule regarding swapping or substitution of the senators among the committees and when there is no rule then the chairman Senate had definitely the authority. While, the chairman committee informed the members that he has written a letter to the chairman Senate on the issue in his personal capacity, telling them, “We have also held in-camera meeting to resolve the issue amicably.” Senator Samina Mumtaz has also pointed out that she had been part of the proceedings of the committee for the last two days and then why has the committee decided to discuss the legality of her appointment in the committee.

Samina said, “I am from Balochistan Awami Party and as a representative of my party I would like to be part of the legislation on this important issue. How can the BAP be left out of the discussion on such an important issue,” she said. Senator Walid Iqbal said this was not the forum to challenge the decision of chairman Senate, saying he did not have power to give any ruling on the issue. The chairman committee reiterated his resolve to solve the issue through reconciliation and decided to adjourn the proceedings of the committee till Friday.